Antelope Valley

Air Quality Management District

Final

Staff Report

Amendment of

Rule 701 – Air Pollution Emergency Contingency 

Actions

Adopted on

May 20, 2014

43301 DIVISION ST., SUITE 206,

LANCASTER, CALIFORNIA 93535-4649

PHONE (661) 723-8070

FAX (661) 723-3450
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STAFF REPORT

TABLE OF CONTENTS

Rule 701 – Air Pollution Emergency Contingency Actions

I. PURPOSE OF STAFF REPORT...........................................................................................1

II. EXECUTIVE SUMMARY....................................................................................................1

III. STAFF RECOMMENDATION............................................................................................1

IV. LEGAL REQUIREMENTS CHECKLIST ..........................................................................2

V. DISCUSSION OF LEGAL REQUIREMENTS...................................................................3

A. REQUIRED ELEMENTS/FINDINGS ..........................................................................3

1. State Findings Required for Adoption of Rules & Regulations......................3

a. Necessity..............................................................................................3

b. Authority..............................................................................................3

c. Clarity ..................................................................................................3

d. Consistency..........................................................................................3

e. Nonduplication.....................................................................................3

f. Reference..............................................................................................3

g. Public Notice & Comment, Public Hearing ........................................4

2. Federal Elements (SIP Submittals, Other Federal Submittals)........................4

a. Satisfaction of Underlying Federal Requirements...............................4

b. Public Notice and Comment................................................................4

c. Availability of Document ....................................................................4

d. Notice to Specified Entities.................................................................4

e. Public Hearing ......................................................................................4

f. Legal Authority to Adopt and Implement ............................................5

g. Applicable State Laws and Regulations Were Followed ....................5

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ........................................5

C. ECONOMIC ANALYSIS ..............................................................................................5

1. General.............................................................................................................5

2. Incremental Cost Effectiveness ......................................................................5

D. ENVIRONMENTAL ANALYSIS (CEQA)..................................................................5

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS.................................................6

1. Potential Environmental Impacts.....................................................................6

2. Mitigation of Impacts ......................................................................................6

3. Alternative Methods of Compliance................................................................6

AVAQMD Rule 701 TC-1

Final Staff Report 08/21/14
F. PUBLIC REVIEW..........................................................................................................6

VI. TECHNICAL DISCUSSION...............................................................................................6

A. SOURCE DESCRIPTION .............................................................................................6

B. EMISSIONS ...................................................................................................................6

C. CONTROL REQUIREMENTS .....................................................................................6

D. PROPOSED RULE SUMMARY ..................................................................................7

E. SIP HISTORY ................................................................................................................7

1. SIP History.......................................................................................................7

2. SIP Analysis.....................................................................................................8

Appendix A – Rule 701 Iterated Version ................................................................................... A-1

Appendix B - Public Notice Documents .....................................................................................B-1

Appendix C - Public Comments and Responses .........................................................................C-1

Appendix D - California Environmental Quality Act Documentation....................................... D-1

Appendix E - Bibliography..........................................................................................................E-1

TC-2 AVAQMD Rule 701

Final Staff Report , 08/21/14
STAFF REPORT

Rule 701 - Air Pollution Emergency Contingency Actions

I. PURPOSE OF STAFF REPORT 

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and 

background material to the members of the Governing Board. This allows the members of the 

Governing Board to be fully informed before making any required decision. It also provides the 

documentation necessary for the Governing Board to make any findings, which are required by law to 

be made prior to the approval or adoption of a document. In addition, a staff report ensures that the 

correct procedures and proper documentation for approval or adoption of a document have been 

performed. Finally, the staff report provides evidence for defense against legal challenges regarding 

the propriety of the approval or adoption of the document.

II. EXECUTIVE SUMMARY 

The Antelope Valley Air Pollution Control District (AVAPCD) was created by statute on July 1, 1997, 

with a jurisdiction of the Los Angeles County portion of the South Coast Air Quality Management 

District (SCAQMD) that was not within the South Coast Air Basin. SCAQMD rules in effect in the 

AVAPCD remained in effect until the AVAPCD Governing Board superseded or amended them. On 

January 1, 2002 the AVAQMD was formed pursuant to statute (Health & Safety Code §§41300 et 

seq.) to replace the AVAPCD. The rules of the AVAPCD also remain in effect until the AVAQMD 

Governing Board supersedes or amends them.

The proposed amendments to Rule 701 Air Pollution Emergency Contingency Actions will provide 

administrative cleanup of this rule by replacing out-of-date references, updating rule format and 

adjusting Episode Criteria for PM.

This action was previously noticed by publication December 20, 2013 but no action was taken. This 

item was noticed again for the April 15, 2014 Governing Board meeting. The Governing Board did 

not take action on this item and deferred it to the next regularly scheduled meeting of May 20, 2014.

III. STAFF RECOMMENDATION

Staff recommends that the Governing Board of the AVAQMD adopt, after conducting a public 

hearing, a resolution approving amendments to Rule 701 Air Pollution Emergency Contingency 

Actions. The proposed amendments are administrative in nature and such action is necessary to 

provide current terminology, formatting, and adjusting Episode Criteria for PM.

The Governing Board of the AVAQMD amended Rule 701 Air Pollution Emergency Contingency 

Actions on May 20, 2014.

AVAQMD Rule 701 1

Final Staff Report 08/21/14
IV. LEGAL REQUIREMENTS CHECKLIST 

The findings and analysis as indicated below are required for the procedurally correct amendment to

Rule 701 - Air Pollution Emergency Contingency Actions. Each item is discussed, if applicable, in 

Section V below. Copies of documents are included in the appropriate Appendix.

FINDINGS REQUIRED FOR

RULES & REGULATIONS 

X Necessity

X Authority

X Clarity

X Consistency

X Nonduplication

X Reference

X Public Notice & Comment

X Public Hearing

REQUIREMENTS FOR STATE 

IMPLEMENTATION PLAN 

SUBMISSION (SIP): 

X Public Notice & Comment

X Availability of Document

X Notice to Specified Entities (State, 

Air Districts, USEPA, Other States)

X Public Hearing

X Legal Authority to adopt and 

implement the document.

X Applicable State laws and 

regulations were followed.

ELEMENTS OF A FEDERAL

SUBMISSION 

N/A Elements as set forth in applicable 

Federal law or regulations.

CALIFORNIA ENVIRONMENTAL 

QUALITY ACT REQUIREMENTS 

(CEQA):

N/A Ministerial Action

X Exemption

N/A Negative Declaration

N/A Environmental Impact Report

X Appropriate findings, if necessary.

X Public Notice & Comment

SUPPLEMENTAL ENVIRONMENTAL

ANALYSIS (RULES & REGULATIONS 

ONLY): 

X Environmental impacts of 

compliance.

N/A Mitigation of impacts.

N/A Alternative methods of compliance.

OTHER: 

X Written analysis of existing air 

pollution control requirements

X Economic Analysis

X Public Review

2 AVAQMD Rule 701 

Final Staff Report , 08/21/14
V. DISCUSSION OF LEGAL REQUIREMENTS 

A. REQUIRED ELEMENTS/FINDINGS 

This section discusses the State of California statutory requirements that apply to the proposed 

amendment to Rule 701. These are actions, that need to be performed, and/or information, that 

must be provided in order to amend the Rule in a procedurally correct manner.

1. State Findings Required for Adoption of Rules & Regulations: 

Before adopting, amending, or repealing a rule or regulation, the AVAQMD Governing 

Board is required to make findings of necessity, authority, clarity, consistency, 

nonduplication, and reference based upon relevant information presented at the hearing. 

The information below is provided to assist the Board in making these findings.

a. Necessity: 

The amendment to Rule 701 Air Pollution Emergency Contingency Actions

provides administrative cleanup of this rule by replacing out-of-date references,

updating rule format and adjusting Episode Criteria for PM.

b. Authority: 

AVAQMD has the authority pursuant to California Health and Safety Code (H 

& S Code) §40702 to adopt, amend or repeal rules and regulations.

c. Clarity: 

The amendment is clear in that they are written so that the persons subject to the 

Rule can easily understand the meaning.

d. Consistency: 

The amendment to Rule 701 is in harmony with, and not in conflict with or 

contradictory to, any state law or regulation, federal law or regulation, or court 

decisions because the amendment will provide administrative clean-up of this 

rule by replacing out-of-date references, updating rule formatting and adjusting 

Episode Criteria for PM.

e. Nonduplication: 

The amendment to Rule 701 does not impose the same requirements as an 

existing state or federal law or regulation.

f. Reference:

AVAQMD has the authority pursuant to H & S Code §40702 to adopt, amend or 

repeal rules and regulations.

AVAQMD Rule 701 3

Final Staff Report, 08/21/14
g. Public Notice & Comment, Public Hearing: 

This action was previously noticed by publication December 20, 2013 but no 

action was taken.

Notice for the public hearing for the proposed amendment to Rule 701 was

published March 14, 2014 for the April 15, 2014 meeting. The Governing Board 

did not take action on this item and deferred it to the next regularly scheduled 

meeting of May 20, 2014. See Appendix “B” for a copy of the public notice. See

Appendix C for copies of comments, if any, and AVAQMD responses.

2. Federal Elements (SIP Submittals, Other Federal Submittals).

Submittals to USEPA are required to include various elements depending upon the type 

of document submitted and the underlying Federal law which requires the submittal. 

The information below indicates which elements are required for the proposed 

amendment to Rule 701 and how they were satisfied.

a. Satisfaction of Underlying Federal Requirements:

The adoption of the amendment to Rule 701 is subject to all the requirements for 

a SIP submittal because this rule is in the SIP.

b. Public Notice and Comment:

This action was previously noticed by publication December 20, 2013 but no 

action was taken.

Notice for the public hearing for the proposed amendment to Rule 701 was

published March 14, 2014 for the April 15, 2014 meeting. The Governing Board 

did not take action on this item and deferred it to the next regularly scheduled 

meeting of May 20, 2014. See Appendix “B” for a copy of the public notice.

c. Availability of Document:

Copies of the proposed amendment to Rule 701 and the accompanying draft staff 

report was made available to the public on or before March 3, 2014.

d. Notice to Specified Entities

Copies of the proposed amendment to Rule 701 and the accompanying draft 

staff report was mailed to all affected agencies, including but not limited to 

CARB and USEPA.

e. Public Hearing: 

This action was previously noticed by publication December 20, 2013 but no 

action was taken.

4 AVAQMD Rule 701

Final Staff Report , 08/21/14
A public hearing to consider the proposed amendment to Rule 701 was set for 

April 15, 2014. The Governing Board did not take action on this item and 

deferred it to the next regularly scheduled meeting of May 20, 2014.

f. Legal Authority to Adopt and Implement: 

The AVAQMD has the authority pursuant to H&S Code §40702 to adopt, 

amend, or repeal rules and regulations and to do such acts as may be necessary 

or proper to execute the duties imposed upon the AVAQMD.

g. Applicable State Laws and Regulations Were Followed: 

Public notice and hearing procedures pursuant to H&S Code §§40725-40728 

have been followed. See Section (V)(A)(1) above for compliance with state 

findings required pursuant to H&S Code §40727. See Section (V)(B) below for 

compliance with the required analysis of existing requirements pursuant to H&S 

Code §40727.2. See Section (V)(C) for compliance with economic analysis 

requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for 

compliance with provisions of the California Environmental Quality Act 

(CEQA).

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS 

H & S Code §40727.2 requires air districts to prepare a written analysis of all existing federal 

air pollution control requirements that apply to the same equipment or source type as the rule 

proposed for modification by the district. The proposed amendment to Rule 701 is 

administrative in nature. Therefore, the preparation of a written analysis of existing pollution 

control requirements that apply to the same equipment or source type is not required.

C. ECONOMIC ANALYSIS 

1. General 

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are 

required for rules and regulations which are adopted or amended to meet the California 

Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) 

or “all feasible measures” to control volatile compounds, oxides of nitrogen or oxides of 

sulfur.

The proposed amendment to Rule 701 is not subject to incremental cost effectiveness 

calculations because this rule does not impose BARCT or “all feasible measures”.

D. ENVIRONMENTAL ANALYSIS (CEQA)

AVAQMD Rule 701 5

Final Staff Report, 08/21/14
Through the process described below, it was determined that a Notice of Exemption would be 

the appropriate CEQA process for the proposed amendment to Rule 701. 

1. The proposed amendment to Rule 701 meets the CEQA definition of "project." 

They are not "ministerial" actions.

2. The proposed amendment to Rule 701 is exempt from CEQA review because it 

is administrative in nature, and there is no potential that the amendments might 

cause the release of additional air contaminants or create any adverse 

environmental impacts. Therefore, a Class 8 categorical exemption (14 Cal. 

Code Reg. §15308) applies.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

The proposed amendments to Rule 701 are administrative in nature. No environmental 

impacts are anticipated from the proposed amendments hence no analysis of mitigation 

measures or alternative methods of compliance are necessary.

2. Mitigation of Impacts 

N/A

3. Alternative Methods of Compliance

N/A

F. PUBLIC REVIEW

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix B.

VI. TECHNICAL DISCUSSION

A. SOURCE DESCRIPTION

This rule specifies the measures to be taken during air pollution episodes. The proposed 

amendments to Rule 701 are administrative in nature and will have no effect on sources within 

the District.

B. EMISSIONS

The proposed amendment to Rule 701 does not cause the release of additional air contaminants 

or create any adverse environmental impacts.

C. CONTROL REQUIREMENTS

The proposed amendment to rule 701 does not require the imposition of control requirements.

6 AVAQMD Rule 701

Final Staff Report , 08/21/14
D. PROPOSED RULE SUMMARY

The proposed amendments to Rule 701 Air Pollution Emergency Contingency Actions will 

provide administrative cleanup of this rule by replacing out-of-date references, updating rule 

format and adjusting Episode Criteria for PM.

E. SIP HISTORY

1. SIP History.

The jurisdiction of the current AVAQMD covers the area of Los Angeles County that is 

not within the South Coast Air Basin (SCAB). This area commonly known as the 

Antelope Valley has been governed by a variety of local air districts most, if not all, of 

which have made State Implementation Plan (SIP) submittals. 

Prior to 1975 the area was under the jurisdiction of the Los Angeles County APCD (Old 

LACAPCD) that had a jurisdiction covering the entire Los Angeles County. The Old 

LACAPCD adopted the original rules and regulations for the area. In 1975 the Boards 

of Supervisors of Los Angeles, Orange, Riverside and San Bernardino Counties entered 

into a Joint Powers Agreement creating the Southern California Air Pollution Control 

District (SoCalAPCD) that had a jurisdiction consisting of the entirety of all four 

counties. The SoCalAPCD inherited the existing rule books of the existing county 

APCD’s. The SoCalAPCD amended these rules and then made a variety of SIP 

submissions, including many of the initial submissions for the area now under the 

jurisdiction of the AVAQMD. On February 1, 1977 the South Coast Air Quality 

Management District (SCAQMD) was formed pursuant to statute (Cal. Stats. 1976 Ch. 

234 pg. 815). The SCAQMD’s original jurisdiction only included areas within the 

SCAB. The rules in effect in the SoCalAPCD became the initial rules of the 

SCAQMD. For areas not within the SCAB, the California Air Resources Board 

(CARB) adopted the SoCalAPCD rule book with minor amendments via Executive 

Order G-73 and submitted it on June 6, 1977 as a SIP revision under the name of the 

Los Angeles County APCD (LACAPCD). In 1978 the legislation creating SCAQMD 

was amended to allow the non-SCAB areas of Los Angeles, Riverside and San 

Bernardino Counties to “opt in” to the SCAQMD. Los Angeles County did so and thus 

the Antelope Valley area became a part of SCAQMD. SCAQMD made a variety of SIP 

submissions that were effective within the Antelope Valley region. 

On July 1, 1997 the AVAPCD was formed, pursuant to statute (former Health & Safety 

Code §40106, Ch. 542 Stats. 1996), with a jurisdiction of the Los Angeles County 

portion of SCAQMD that was not within the SCAB. The SCAQMD rules in effect in 

the AVAPCD remained in effect until the AVAPCD Governing Board superseded or 

amended them. On January 1, 2002 the AVAQMD was formed pursuant to statute to 

replace the AVAPCD (Health & Safety Code §§41300 et seq.). The rules of the 

AVAPCD remained in effect until the AVAQMD Governing Board superseded or 

amended them. Any rules that were approved into the SIP which were approved for a 

AVAQMD Rule 701 7

Final Staff Report, 08/21/14
predecessor agency and effective within the current jurisdiction of the AVAQMD are 

therefore part of the SIP for the AVAQMD.

Rule 701 was originally adopted on May 6, 1977 by the SCAQMD and subsequently 

amended on June 2, 1978, April 4, 1980, July 7, 1982, September 8, 1995, and June 13, 

1997. The AVAPCD amended Rule 701 on January 20, 1998 and July 18, 2000. The 

amendment adopted on July 18, 2000 and approved March 7, 2003 (68 FR 10966 ) is 

the rule version that is in the SIP for AVAPCD and the AVAQMD thereafter.

2. SIP Analysis.

The amendments to Rule 701 are primarily procedural in nature. They are intended to 

revise terminology to reflect the current name, status and structure of the AVAQMD. 

The amendment will also adjust Episode Criteria for PM. The AVAQMD will request 

that the amendment to Rule 701 be submitted as a SIP revision.

8 AVAQMD Rule 701

Final Staff Report , 08/21/14
APPENDIX "A"

Rule 701 - Air Pollution Emergency Contingency Actions

Iterated Version

The iterated version is provided so that the changes to an existing rule may be easily found. The manner 

of differentiating text is as follows:

1. Underlined text identifies new or revised language.

2. Lined out text identifies language which is being deleted.

3. Normal text identifies the current language of the current rule which will remain unchanged by the 

adoption of the proposed amendments.

4. Italicized text identifies explanatory material that is not part of the proposed language.

AVAQMD Rule 701 A-1

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A-2 AVAQMD Rule 701

Final Staff Report , 08/21/14
(Adopted: 5/6/77; Amended: 6/2/78; Amended: 4/4/80;

Amended: 7/9/82; Amended: 9/8/95; Amended: 6/13/97; Amended:

1/20/98; Amended: 07/18/00: Amended xx/dd/yy)

RULE 701

Air Pollution Emergency Contingency Actions

(A) General

(1) PurposeThe purpose of this rule is to: [updated to current rule format throughout]

(a) The purpose of this rule is to:

(ai) Ddefine air pollution Episode criteria;

(bii) Pprovide for Episode notification to the public;

(ciii) Rrecommend precautionary actions to be taken during Episodes; and

(div) Pprevent or reduce the severity of Episodes.

(2) Applicability

(a) This rule shall apply to all persons within the jurisdiction of Antelope Valley Air 

Pollution Control District (AVAPCD)Quality Management District (AVAQMD)

and shall also specify the measures to be taken by AVAQMDPCD during air 

pollution Episodes.[ Amends the incorrect reference to the Antelope Valley Air 

Pollution Control District and replaces it with Antelope Valley Air Quality 

Management District; this change will be made throughout the rule]

(B) Definitions

For the purpose of this rule, the following definitions apply:

(1) “Air Contaminant or Air Pollutant” - Aany discharge, release, or other propagation into 

the atmosphere and includes, but is not limited to, smoke, charred paper, dust, soot, 

grime, carbon, fumes, gases, odors, particulate matter, acids or any combination thereof.

(2) “Air Pollution Control Officer” (APCO) – Tthe person appointed to the position of Air 

Pollution Control Officer of AVAQMDPCD pursuant to the provisions of California 

Health & Safety Code §40750, and his or her designee.

(3) “Air Quality Index” (AQI) - Tthe uniform reporting system established by the U.S. 

Environmental Protection Agency (USEPA) to make air pollution reports more easily 

AVAQMD Rule 701 701-1

Air Pollution Emergency Episodes

D2a 04/03/14
understood by the public. The AQI simplifies information by converting units of air

pollution measurement into a uniform scale from 0 to 500.

(4) “Declared Episode” - exists whenever the APCO determines:

(a) that any of the applicable Episode criteria levels specified in this rule have been attained 

or,

(b) that it is likely that any of the applicable Episode criteria levels specified in this rule is 

imminent to be attained that day.

(45) “Child Day Care Facility” - Aa State licensed child day care, pre-school, or after-school 

program.

(5) “Declared Episode” - Exists whenever the APCO determines:

(a) That any of the applicable Episode criteria levels specified in this rule have been 

attained ; or

(b) That it is likely that any of the applicable Episode criteria levels specified in this 

rule is imminent to be attained that day.[Corrected alphabetization]

(6) “Electric Power Generating System” - Aall boiler and approved alternative resources 

owned or operated by, and approved alternative resources and replacement units under 

contract to sell power to, any one of the following: Southern California Edison, Los 

Angeles Department of Water and Power, or any of their successors.

(7) “Employee” – Aany person employed by a person(s), firm, business, educational 

institution, non-profit agency or corporation, government or other entity. The term 

exempts seasonal employees, temporary employees, volunteers, field personnel, field 

construction workers, and independent contractors.

(8) “Episodes” - Tthe intermediate levels between the National Ambient Air Quality 

Standard and the Level of Significant Harm for Air Pollutants at which some pollution 

abatement or health notification action must be taken. The applicable Episode criteria, 

by pollutant and averaging period established by the USEPA and the California Air 

Pollution Emergency Plan, are presented in Attachment 2.

(9) “Essential Public Service”:

(a) Aa sewage treatment facility which is publicly owned and operated consistent 

with an approved regional growth plan;

(b) Aa prison;

(c) Ppolice or fire fighting operations;

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Air Pollution Emergency Episodes

D2a 04/03/14
(d) Schools, hospitals, or ambulance operations;

(e) Cconstruction and operation of a landfill gas control or processing facility;

(f) Wwater delivery operations;

(g) Ppublic or private utility operations responding to public emergencies or utility 

outages, excluding routine maintenance, 

(h) Ppublic transit; or

(i) U.S. Postal Service Operations.

(10) “Fleet Vehicles” - Mmotor vehicles as defined by the Motor Vehicle Code Division 1, 

Section 415 of the State of California Vehicle Code and operated from one business 

address.

(11) “Force Majeure Natural Gas Curtailment” - Aan interruption in natural gas service due 

to unforeseeable failure, malfunction, or natural disaster, not resulting from an 

intentional or negligent act or omission on the part of the owner or operator of a boiler, 

or a supply restriction resulting from California Public Utility Commission (CPUC) 

priority allocation system of CPUC Rule 23, such that the daily fuel needs of a boiler 

cannot be met with the natural gas available.

(12) “News Media” - Tthe written press, television, radio, and other mass media of 

communication such as on-line computer information services.

(13) “Outdoor Activity Curtailment Actions” - Mmeasures, as presented in Attachment 1, to 

reduce outdoor activities by children during periods when air quality exceeds the Health 

Advisory Episode level for ozone or the Stage 1 Episode for all other pollutants for 

which Eepisode criteria are defined.

(14) “Predicted Episode” - Eexists whenever the APCO determines that it is likely that any 

of the Eepisode levels specified in this Rule will be reached during the following day.

(15) “School” - Ppublic and private educational institutions for children ranging from grades 

Kindergarten through 12.

(16) “Upset of Production” - Aa situation in which the process throughput or production rate 

is reduced by more than 20 percent of normal daily operations as a direct result of 

reducing emissions in order to comply with this regulation for Stage 2 or Stage 3 

Episodes.

(17) “Volatile Organic Compound” (VOC) – Any compound of carbon which may 

participate in such atmospheric photochemical reactions and contribute to the formation 

of photochemical smog, excluding carbon monoxide, carbon dioxide, carbonic acid, 

AVAQMD Rule 701 701-3

Air Pollution Emergency Episodes

D2a 04/03/14
metallic carbides or carbonates, ammonium carbonate and those exempt compounds 

listed in 40 CFR 51.100(s)(1).

(18) “Wildland Vegetative Management Burning” - Tthe use of prescribed burning 

conducted by a public agency, or through a cooperative agreement or contract involving 

a public agency, to burn land predominantly covered with chaparral, trees, grass or 

standing brush as defined by Title 17, California Administrative Code, Section 80100.

(C) Facility Requirements

(1) The following actions are required for the owner or operator of any facility which has 

actual emissions of 91 metric tons (100 tons) or more per year of either VOCs, oxides 

of nitrogen (NOx), or oxides of sulfur (SOx), and are encouraged for all other emitters of 

these pollutants:

(a) Upon notification of a predicted Stage 2 or Stage 3 Eepisode either from the 

APCO or via the News Media, reduce combined emissions for VOCs, NOx, and 

SOx, by at least 20 percent of normal weekday operations.

(b) Upon notification by the APCO of the declaration of an air pollution state of 

emergency by the Governor, take the applicable actions which the Governor 

requires.

(2) The following actions are required for any facility having 100 or more Employees:

(a) Upon notification of a predicted Stage 2 or 3 Episode either from the APCO or 

via the News Media, post at least one sign in a conspicuous place designating 

the Predicted Episode stage and requesting ridesharing and telecommuting.

(b) Upon notification of a predicted Stage 2 or Stage 3 Eepisode either from the 

APCO or via the News Media, reduce Fleet Vehicle miles traveled by at least 20 

percent of normal week day operations.

(c) Upon notification by the APCO of the declaration of an air pollution state of 

emergency by the Governor, take the applicable actions which the Governor 

requires.

(3) All facilities subject to subsections (C)(1) or (C)(2) are encouraged to develop and 

maintain an internal plan to meet the specified requirements.

(4) Upon a predicted Stage 2 or Stage 3 Episode, an owner or facility shall maintain a log 

of the actions taken to meet the requirements in subsections (C)(1) or (C)(2).

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(5) Facilities required to implement Stage 2 or Stage 3 actions shall implement such actions 

by at least just after midnight (00:01 hours standard time) or upon commencement of 

normal business hours on the day for which an Episode is predicted.

(6) Liquid or solid fossil fuel shall not be burned in Electric Power Generating Systems on 

predicted or declared Stage 2 or Stage 3 Eepisode days of ozone, sulfur dioxide, sulfur 

dioxide plus ozone, or sulfates in combination with ozone unless a Force Majeure 

Natural Gas Curtailment is in effect.

(D) AVAQMDPCD Requirements

(1) Measurements

(a) The APCO shall maintain air monitoring stations throughout AVAQMDPCD so 

that air quality can be monitored on a continuous basis and air pollution 

Episodes can be measured and predicted. Air quality information will be 

reported daily using the AQI.

(2) Episode Notifications by the APCO

(a) The APCO shall notify the California Air Resources Board and the News Media 

(e.g. those media in each county determined to be most likely to result in 

widespread public knowledge) whenever an Eepisode is predicted, declared, or 

terminated.

(b) The APCO may notify directly or shall otherwise rely on the News Media to 

disseminate to the following whenever an Eepisode is predicted, declared, or 

terminated:

(i) School officials;

(ii) Local and state law enforcement agencies;

(iii) Public safety personnel who have responsibilities for or interest in air 

pollution control;

(iv) All facilities or activities subject to subsectionsparagraphs (C)(1) or 

(C)(2).

(c) The APCO shall announce the prediction of an Episode not later than 2:00 pm 

(4:30 pm for sulfate portion of ozone/sulfate Episode) of the day before the 

Episode is predicted to occur.

(d) A declared or Predicted Episode shall be terminated whenever the Air 

Contaminant which caused the Episode has been verified by the APCO to be 

below the applicable Episode criteria set forth for the calling of such Episode 

and the available scientific and meteorological data indicate that the 

concentration of such Air Contaminant will not likely increase again within the 

next hour so as to reach the previously attained Episode.

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(e) The notice of an Episode shall include the following:

(i) Stage level and predicted duration.

(ii) The affected source and receptor areas.

(iii) Air Contaminants for which the Eepisode is declared.

(iv) The AQI value for the Air Pollutant with the highest predicted or actual 

AQI reading and associated health message.

(3) Upon the declaration of any Predicted or attained Episode, the APCO shall take the 

following actions:

(a) For Ozone Health Advisories Only:

(i) Recommend as part of the notification required by subsection (D)(2) that 

Schools and Child Day Care Facilities take the actions specified in 

Attachment 1, paragraph (b);

(ii) Recommend as part of the notification required by subsection (D)(2) to 

the public that individuals with special health problems follow the 

precautions recommended by their physicians or health officials;

(iii) By means of a telephone recorded message, notify members of the public 

who contact the AVAQMDPCD.

(b) For Stage 1 Episodes:

(i) Recommend as part of the notification required by subsection (D)(2) that 

Schools and Child Day Care Facilities take the actions specified in 

Attachment 1, paragraph (c); 

(ii) Take the actions specified in subsections (D)(3)(a)(ii) and (iii); 

(iii) Encourage the public to reduce unnecessary driving; 

(iv) Encourage the public to ride share; 

(v) Encourage employers to limit the amount of time their Eemployees work 

outdoors to the degree practicable.

(c) For Stage 2 and Stage 3 Episodes: 

(i) Recommend as part of the notification required by subsection (D)(2) that 

Schools and Child Day Care Facilities take the actions specified in 

Attachment 1, paragraph (d); 

(ii) Take the actions specified in subsections (D)(3)(b)(ii) through (v); 

(iii) Within the receptor area(s) of the Episode: 

a. Recommend the suspension of programs which involve the 

physical exertion by participants using public parks or public 

recreation facilities; 

b. Recommend that all non-emergency driving be discontinued as 

soon as possible.

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(iv) The APCO shall implement source inspections upon a Predicted 

Episode.

(E) Special Actions for Wildland Vegetative Management Burning 

(1) Upon declaration of any predicted Stage 2 or Stage 3 Episode, all Wildland Vegetative 

Management Burning is prohibited. 

(2) Upon the declaration of any attained Stage 2 or Stage 3 Eepisode, all Wildland 

Vegetative Management Burning, if already ignited, shall be terminated. 

(F) Interdistrict Coordination 

Upon request of an air pollution control officer in an adjoining air basin for action to abate 

Stage 2 or Stage 3 Episodes occurring within that district, the APCO shall make a 

determination, and if the need for action is confirmed, direct the implementation of the actions 

required in this Rule for any significant source area identified within the District which 

contributes to the ongoing Episode in the adjoining district. Sources in that area shall comply 

as though an Episode has been declared in their area.

(G) Exemptions

(1) Percentage emissions reductions or percentage reductions in vehicle miles traveled 

lower than those specified in section (C) shall be allowed by the APCO:

(a) Iif the facility submits a letter to the APCO, not later than 30 days following a 

predicted Stage 2 or Stage 3 Episode, demonstrating at least one of the following 

conditions:

(i) Tthat meeting the stated percentage reductions jeopardizes public health 

or safety, 

(ii) Tthat meeting the stated percentage reductions damages equipment or 

creates an Upset of Production, or

(b) tThe facility or activity is an Essential Public Service.

(2) Buses, commuter van pool vehicles or other vehicles, used exclusively for multipassenger commuting between home and the place of work or School are excluded from 

the Fleet Vehicle reduction provisions of subsection (C)(2)(b).

Programs that include adult participants in scheduled athletic events with paid 

attendance are exempted from subsection (D)(3)(c)(iii)a..

[SIP: Approved 03/07/03 68 FR 10966, 52.220(c)(285)(i)(D)(1); Approved 3/18/99, 64 FR 13351, 40 

CFR 52.220(c)(256)(i)(D)(1); Approved 9/16/97, 62 FR 48483, 40 CFR 52.220(c)(229)(i)(A)(2); 

AVAQMD Rule 701 701-7

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Approved 6/3/80, 45 FR 37428, 40 CFR 52.220(c)(39)(iii)(E); Approved ________, ________, 40 

CFR 52.220(c)(38)(i)]

[SIP: See SIP Table at http://www.avaqmd.ca.gov/Modules/ShowDocument.aspx?documentid=921]

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ATTACHMENT 1 

OUTDOOR ACTIVITY CURTAILMENT ACTIONS

State and federal guidance identifies the following actions that Schools and Child Day Care Facilities 

can take to curtail outdoor activities to reduce or minimize children's exposure to air pollution:

(a) For periods of unhealthful air quality (exceeding the federal clean air standards):

(1) Susceptible individuals, e.g. children with heart or lung disease:

Minimize outdoor activity.

(2) Healthy individuals with a noticeable adverse health response to existing conditions: 

Minimize outdoor activity.

(b) For Health Advisory Episodes (applies only to Oozone and PM2.5):

[Clarification added pursuant to EPA letter dated 04/02/14]

(1) All children:

Discontinue prolonged, vigorous outdoor exercise lasting longer than one hour.

(2) Susceptible persons, such as those with heart or lung disease:

Avoid outdoor activity.

(3) Examples of the kinds of outdoor activities that should be avoided are calisthenics, 

basketball, running, soccer, football, tennis, swimming laps, water polo.

(c) For Stage 1 Episodes:

(1) All children:

Discontinue all vigorous outdoor activities regardless of duration.

(2) Outdoor physical education (PE) classes, sports practices, and athletic competitions 

should be re-scheduled or canceled if practicable.

(d) For Stage 2 or Stage 3 Episodes:

(1) All children:

Discontinue all outdoor activities.

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ATTACHMENT 2

EPISODE CRITERIA

For the purpose of Rule 701, the following Eepisode criteria shall apply: 

Air Contaminant Averaging 

Time 

Health 

Advisory

Stage 

1 

Stage 

2 

Stage 

3 

Ozone 1 Hour 0.15 ppm 0.20 ppm 0.35 ppm 0.50 ppm

Ozone, In Combination w/ith Sulfur 

Dioxide 

1 Hour 0.20 ppm* 0.35 ppm* 0.50 ppm* 

Carbon Monoxide 1 Hour 40 ppm 75 ppm 100 

ppm** 

8 Hours*** 15 ppm 30 ppm 40 ppm 

Sulfur Dioxide 1 Hour 0.5 ppm 1.0 ppm 2.0 ppm 

24 Hours*** 0.2 ppm 0.6 ppm 0.8 ppm 

Sulfate, in Combination with Ozone 24 Hours*** 

(Sulfate) 

25 ug/m3

1 Hour (Ozone) 0.20 ppm 

Nitrogen Dioxide 1 Hour 0.6 ppm 1.2 ppm 1.6 ppm 

24 Hours*** 0.15 ppm 0.3 ppm 0.4 ppm 

Fine Particulate Matter (PM2.510) 24 Hours*** 35.5

μg/m3

350 ug/m3

55.5

μg/m3

420 ug/m3

150.5

μg/m3

500 

ug/m3250.

5 μg/m3

* These levels shall apply when the ozone concentration and the sulfur dioxide concentration each 

exceeds 0.10 ppm, one-hour average, and shall be determined by adding the ozone and sulfur dioxide 

concentration.** For one hour and predicted to persist for one additional clock hour. *** Averaging 

time is based on a running clock hourly average. 

(Updated to comply with recommendation from Patrick Au, ARB comment letter dated 12/16/2013)

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APPENDIX "B"

PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing – Antelope Valley Press, March 14, 2014

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APPENDIX "C"

PUBLIC COMMENTS AND RESPONSES

1. ARB Staff Rule Review Comments, December 16, 2013

2. ARB Staff Rule Review Comment, March 19, 2014

3. US EPA Region IX Rule Review Comment, April 2, 2014

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1. ARB Staff Rule Review Comments

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1.

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1. The district originally chose to amend AV Rule 701 at the January 21, 2014 Governing Board 

meeting. This action was published on December 20, 2013. The District took no action at the time on 

the proposed amendment. After further review, the District has decided to incorporate the ARB 

comment into the Rule and proceed with the amendment. Attachment 2 has been modified to reflect 

the PM criteria as developed by OEHHA and others for the Wildfire Smoke Guide.

1. District response to ARB Staff Rule Review Comments

AVAQMD Rule 701 C-5

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2. ARB Staff Rule Review Comments

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2. No response necessary.

2. District response to ARB Staff Rule Review Comments

AVAQMD Rule 701 C-7

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From: Steckel, Andrew 

Sent: Wednesday, April 02, 2014 6:04 PM

To: eheaston@mdaqmd.ca.gov; Mike Guzzetta

Cc: Drake, Kerry; Law, Nicole

Subject: EPA comment on Antelope Rule 701

United States Environmental 

Protection Agency

Region IX

75 Hawthorne Street

San Francisco, CA 94105-3901

April 02, 2014

Transmittal of EPA Rule Review Comments

To: Eldon Heaston, Antelope Valley Air Quality Management District; 

eheaston@mdaqmd.ca.gov

Mike Guzzetta, California Air Resources Board

mguzzett@arb.ca.gov

From: Andrew Steckel, Rulemaking Office Chief

steckel.andrew@epa.gov

Re: Draft Rule 701, Air Pollution Emergency Contingency Actions, dated 

February 12, 2014

We are providing comments based on our preliminary review of the draft rule identified above. We support the 

District's efforts to update the rule and lower the thresholds for episode criteria for particulate matter. Please direct 

any questions about our comments to me at (415) 947-4115 or to Nicole Law at (415) 947-4126.

- In Attachment 1 to the Rule on page 701-9, paragraph (b) should be edited to read that the health advisory 

episode applies only to Ozone and PM2.5 since the District is introducing a health advisory level for PM2.5 in 

Attachment 2 Episode Criteria. 

Saved as draft: 03/25/2014 03:15 PM

Submitted for review: 04/02/2014 04:46 PM

Review Completed/Ltr sent out: 04/02/2014 05:54 PM

Reviewer: Nicole Law

3. US EPA Region IX Rule Review Comment

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1. After further review, the District has decided to incorporate the US EPA comment into the Rule 

and proceed with the amendment. Attachment 1 has been modified to reflect the requested 

clarification in paragraph (b).

3. District Response to US EPA Region IX 

Comment Letter

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APPENDIX "D"

CALIFORNIA ENVIRONMENTAL QUALITY ACT 

DOCUMENTATION

(to be included as available)

1. Notice of Exemption, Los Angeles County

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APPENDIX "E"

BIBLIOGRAPHY

The following documents were consulted in the preparation of this staff report and the proposed 

amendment to Rule 701:

1. United States Environmental Protection Agency Air Division Technical Support Document, 

August 2002

2. Office of Environmental Health and Hazards Assessment (OEHHA) and others for the 

Wildfire Smoke Guide, http://oehha.ca.gov/air/risk_assess/wildfirev8.pdf

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